Amicus With Dahlia Lithwick | Law, justice, and the courts
A show about the law and the nine Supreme Court justices who interpret it for the rest of America. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.
Episodes
June 18, 2025 • 11 mins
In this Slate Plus exclusive episode, Dahlia Lithwick and Mark Joseph Stern analyse the Roberts Court's decision in Skrmetti, effectively bans gender-affirming care for trans minors in more than 20 states.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’...
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June 14, 2025 • 54 mins
America feels very different this weekend. While the president’s planned military parade (that just happens to coincide with his birthday) will see tanks and armored vehicles rolling through Washington DC, federalized National Guard and US Marines have been deployed to Los Angeles over the objections of state and city electeds, many of us are reeling from seeing a sitting US Senator forced to the floor and cuffed for trying to ask ...
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June 7, 2025 • 50 mins
Money talks, and sometimes it speaks as law by fiat from the highest court in the land. In this episode of Amicus, Dahlia Lithwick delves into the impact of money on the judiciary and, eventually, on, democracy with Michael Podhorzer, a senior fellow at the Center for American Progress. They discuss how the many faces of big money in America, currently personified by Elon Musk and Donald Trump, have shaped the Supreme Court and g...
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June 5, 2025 • 12 mins
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)Also! Sign up for Slate’s Legal Brief: the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday.
Dahlia Lithwick hosts an 'Opinionpalooza' special of Amicus, cove...
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May 31, 2025 • 75 mins
The end (of the Supreme Court term) is nigh. This week, Amicus goes into June Opinionpalooza mode with some meta-analysis of what to look out for as the Supreme Court delivers dozens of decisions over the next month or so. Dahlia Lithwick and Mark Joseph Stern say this is a term-ending unlike any other, partly because the number of cases pinging onto the high court’s shadow docket means the term may never really, truly, actually, e...
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May 24, 2025 • 76 mins
This week’s episode attempts to understand the ways in which the law of Trump unfolds along two tracks at the same time. First, Mark Joseph Stern joins us to talk about the Supreme Court’s decision to let Trump fire the heads of independent agencies, undermining a 90-year-old precedent in an unsigned, two-page decision on the shadow docket. This is a case in which Donald Trump’s agenda perfectly aligns with the wishlist of the cons...
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May 17, 2025 • 63 mins
Our eyes this week were trained on the arguments over birthright citizenship at the Supreme Court on Thursday. While Solicitor General John Sauer advanced wild arguments on behalf of the Trump administration, four of the justices (hint: the women) seemed extremely suspicious of his motives. The five men? Not so much. Slate senior writer Mark Joseph Stern joins Dahlia Lithwick to break down Trump v. CASA Inc. and the growing divide...
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May 10, 2025 • 68 mins
After Silicon Valley’s yeet to the right after Donald Trump was elected in 2016, and the DOGE-ification of the federal government (read: chaos and abuse as the driving ethos of HR), it felt like high time to delve into the evolving relationship between tech billionaires like Elon Musk and Peter Thiel and the U.S. government. Their influence has massive implications for core constitutional issues such as mass surveillance, privacy, ...
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May 3, 2025 • 80 mins
Whether it’s attempting to overturn birthright citizenship, effectively stripping citizenship from American children, or claiming Alien Enemy Act war powers under an imaginary invasion, Trump’s anti-immigrant moves are outlandishly unconstitutional. They are also being met with significant pushback from judges, even conservative ones. On this week’s Amicus, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern who expl...
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April 26, 2025 • 75 mins
As we approach President Trump’s 100th day in office (this time around) this Wednesday, Dahlia Lithwick checks in with one of the key architects of the litigation strategy that is successfully confounding the administration’s most exorbitant executive overreach. After almost 140 executive orders and scores of associated lawsuits, it’s hard to keep track of the state of play. But Skye Perryman of Democracy Forward is on hand to help...
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April 19, 2025 • 77 mins
Ever since March 15, when three flights carrying hundreds of men who had been afforded zero due process left United States airspace and landed in El Salvador, American democracy has been hurtling toward an internal conflict that the federal judiciary would very much prefer to avoid, but just keeps getting more unavoidable. On this week’s Amicus podcast, Mark Joseph Stern is joined by Leah Litman for the first half of the show. They...
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April 12, 2025 • 62 mins
On this week’s Amicus, autocratic creep in high and low gear. In high gear: The Supreme Court finally issued its order in Kilmar Abrego Garcia’s case, requiring that the government “facilitates” Abrego Garcia’s return from the El Salvadoran prison to which he was illegally and accidentally reditioned, but also recognizing the limits on its authority to direct the executive branch. Dahlia Lithwick talks to Slate senior writer Mark ...
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Here’s a question for you. If you are scooped up by ICE (masked, covering badge numbers), then moved from one detention center to another in quick succession, before being hastily forced onto a flight to El Salvador where you are imprisoned in a “terrorism confinement center” beyond the jurisdiction of the United States –– at what point in that process could you access some kind of adjudicatory review? In this bonus episode of Amic...
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April 5, 2025 • 54 mins
The US government’s use of a prison in El Salvador as an extra-judicial due-process free black site has been rendered starkly visible by the story of one man they tried to disappear. On this week’s Amicus, Dahlia Lithwick interviews Simon Sandoval-Moshenberg, lawyer for Kilmar Armando Abrego Garcia, a Maryland resident, husband and father, who was illegally deported to El Salvador in March due to what the government admits was an ...
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March 29, 2025 • 75 mins
The Trumpian inversion of reality was threaded into so many areas of the law and active litigation this week.
Slate senior writer Mark Joseph Stern joins Dahlia Lithwick to discuss the apparent evaporation of judicial patience for Trump lawyers simultaneously claiming that a signal chat was not classified or subject to record preservation rules, AND the flights to El Salvador that were filmed for posterity on arrival at a prison...
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March 22, 2025 • 79 mins
If you’re overwhelmed by the sheer volume of lawless acts, constitutional crises (we count five), and huge Trump administration losses in court this week - honestly, same. But if anyone can render this swirling storm of lawsuits and orders and injunctions legible, and put them in terms that can help make sense of this moment, it’s Dahlia Lithwick. On this week’s show, Dahlia is first joined by Quinta Jurecic, a fellow in Governance...
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March 18, 2025 • 9 mins
In this urgent extra episode of Amicus, host Dahlia Lithwick and Slate's senior writer Mark Joseph Stern discuss the unfolding constitutional crisis triggered by the Trump administration's defiance of a court order to halt flights carrying Venezuelan migrants to be delivered to El Salvador’s so-called Terrorism Confinement Center - a vast foreign prison that could be described as a labor camp. Lithwick and Stern explore the tim...
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March 15, 2025 • 42 mins
Donald Trump continued his almost uninterrupted losing streak in the courts. Across the country we saw federal judges openly criticizing his Administration officials and their lawyers for overreach, bullying and misrepresentations about not only their cases, but about norms and values. But Trump has both judges and law firms in his crosshairs. On this week’s show, former US Attorney Preet Bharara joins Dahlia Lithwick to discuss th...
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March 8, 2025 • 65 mins
Elon Musk’s moves at DOGE have been legally dubious from the start. And the more we learn, the more questions we have about this not-an-agency helmed by Musk –– who is apparently both in charge, and also not in charge. That’s why we wanted to talk with Kate Shaw, University of Pennsylvania law professor and co-host of the Strict Scrutiny podcast, about the very real constitutional issues raised by DOGE and Musk and his minions. Sha...
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March 5, 2025 • 7 mins
On Wednesday morning the Supreme Court dealt a blow to the Trump administration's effort to withhold $2 billion promised for foreign aid work. Dahlia Lithwick and Mark Joseph Stern discuss the Court’s decision to reject the Trump administration's request to halt a lower court's order, by a five to four vote, compelling the State Department to resume payments. While Chief Justice John Roberts and Amy Coney Barrett sided with the cou...
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